Following dismissal of a complex multi‑party action on summary judgment, the successful defendants sought costs of the entire action in addition to agreed costs of the summary judgment motion.
The plaintiff argued that costs submissions should be limited to the motion and that delay in bringing the motion inflated the defendants’ legal fees.
The court held that where summary judgment disposes of the entire action, the court may fix costs of the entire proceeding, treating the motion similarly to a trial judgment.
Applying the discretion under s. 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, the court reduced the defendants’ claimed partial‑indemnity costs by 25% to align with what would have been the plaintiff’s reasonable expectations in a large and technically complex case.